I am currentluy legally separated and one of My properties ( on my name ) was rented, and my exhusband and I had it leased. I had to go through chapter 13, and I finally got it approve. the house will eventually go foreclosure. My exhusband collected the rent and the tenats have been given him a notice for last month , July. My exhusband who knows the house is going foreclosure and besides he had collected the rent this year , offered: 1 to allow them to stay for 1,000 and on top of all that asked to have the house available for the next tenants. I would like to sue him, the tenants can stay as long as I have legal rights to the property and I am not collecting anything or will collect anything. Id like to sue him for fraud or what else can be done? he has intentions to rent my property without me even knowing (the tenant called me and told me) and he is wanting to collect more rent???what should I do to legally sue him?
Country relating to Question: United States
State (if USA): Michigan
Hi and welcome to JA.
The bankruptcy did not strip you of your interest in the property. Nor did the separation. You are entitled to 1/2 of any rental Here's what you have to do. Bring a lawsuit against your husband
1. To recover 1/2 of any rent already collected, if any
2. To prevent your ex husband from entering into a lease agreement with anyone.
2. For an order preventing him from taking any action with respect to the property without your consent.
At the same time you file the lawsuit, you make an application by ORDER TO SHOW CAUSE (a way to have the application heard by the court in 2-3 days). You ask that any future rent collected until the lawsuit is decided must be put in an Escrow account or paid into court; that your ex husband is prevented from taking any action with respect to the property until the lawsuit is decided.
You have to consult with a matrimonial attorney in your state or use your bankruptcy lawyer if you had one if he/she is familiar within divorce law. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.
===================================Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not have intended If you want further information or clarification, just ask before you ANSWER and give a rating. Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating: a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know. b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T". c. The answer is short, but ACCURATE. A customer simply wants a longer answer.Thank you for reading this and for your consideration. I'm always ready to help further.rich
Hello and thank you,I don't want any rent or money, can I still sue him? I will if so. Because the house is going foreclosure in the near future. Thank you your answer was very helpful.
There has to be a reason to sue.............get a sum of money; prevent someone from doing something that is interfering with you or your property, etc. In other words the lawsuit has to have a goal.
Glad I could be of service. I would appreciate your accepting my answer and giving me a 3,4 or 5 rating.
30+ years NYC R.E.litigation & closings; contract law professor.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).